VK & ANR versus STATE GOVT OF NCT OF DELHI & ANR
An FIR was quashed against the husband by the High Court of Delhi. The husband was accused by his wife for committing the offence of cruelty. The FIR was quashed against the husband, after the couple settled their differences. The marriage was not only dissolved by a decree of divorce through mutual consent between both the parties, but the wife also paid to her husband Rs.12 Lakhs towards all his claims.
It was recorded by the Court in its order that out of the amount of Rs. 12 lakhs, Rs.6 lacs would be paid by the wife to her husband at the time of recording of the statement during the first motion on 06.01.2023 and the court further directed that the remaining amount of Rs. 6 lacs would be paid at the time of recording of the statement of the second motion, the receipt of the amount would be acknowledged by the husband.
Facts of the case
An FIR was lodged under Sections 498A/406/506/34 of the Indian Penal Code (for short IPC) in the year of 2017 against the husband and his mother, by the wife at Police Station Crime (Women) Cell, Nanak Pura, Delhi.
The accused approached the Court for quashing of the FIR on the ground that the parties have arrived at a settlement. The matter was heard by Justice Vikas Mahajan. It was stated by the Court that as the FIR is an outcome of a matrimonial dispute and as both the parties to the dispute have already compromised and resolved their differences, and the State has no objection if the FIR is quashed.
The marriage between the two was solemnized in 2015 according to the Hindu Rites and Customs at Punjab. Both the parties were living together as husband and wife at Gurugram. Due to incompatibility and irreconcilable differences between them, certain disputes and differences arose that led to the registration of the FIR. Both the parties were living separately from 1st March 2016 and the couple did not have any child.
That the parties settled their dispute during the pendency of the proceedings. That the terms of the settlement and compromise between the parties were reduced into writing in the form of Settlement Agreement dated 1st December, 2022.
That as per the agreement, the marriage between the parties was dissolved through mutual consent. In the agreement, it was also agreed that the wife shall pay an amount of Rs.12 lacs towards all claims of the husband.
The wife mentioned before the Court that she has no objection if the FIR is quashed against the husband. It was enquired by the Court whether the wife has entered into compromise out of her own free will and without any pressure, coercion or threat, to which she responded in affirmation before the Court.
Observation of the Court
It was observed by the court that as the parties to the matrimonial dispute have amicably resolved their dispute through free will and without any coercion, and hence no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
Decision of the Court
The Court held that in the interest of justice that the FIR and the proceedings originating therefrom be quashed. The Court stated that “Consequently, the petition is allowed and the FIR No.37/2017 under Sections 498A/406/506/34 and charge sheet which was filed in Case No.6684/2019 registered at Police Station Crime (Women) Cell, Nanak Pura, are quashed along with all other consequential proceedings emanating there from”.
Conclusion
If the parties to the marriage have a matrimonial conflict and they have decided to get separated and decided to enter into an agreement for simple mutual divorce, then the first thing that is to be done is to prepare an agreement. A Mutual Divorce Agreement is an initial and most important document through which the process of a mutual divorce between spouses begins.
In India, the Mutual Divorce Agreements are legally binding. It is very important that both the parties to the dispute must have entered into the agreement freely and without any force, coercion or undue influence.
In the instant case, the wife has entered into an agreement with her husband to get separate mutually and she also agreed to pay Rs. 12 lakhs to her husband. The court inquired whether she has entered into the agreement with her own free will to which she responded in affirmation and hence the Court quashed the FIR against the accused persons.